Bajrangi Bajarilal Zariya v. State Of Maharashtra Thr Police Station Hudkeshwar

56APPA416.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 416 OF 2025 IN CRIMINAL APPEAL STAMP NO ______OF 2025 Bajrangi Bajarilal Zariya Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.M. Balpande, counsel (appointed) for applicant. Mr. N.B. Jawade, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/05/2025.

1.

This is an application for condonation of delay, which is caused in preferring the appeal against the conviction.

2.

Learned appointed counsel for the applicant submitted that the appellant is convicted of the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to suffer rigorous imprisonment for 20 years and under Section 363 of the Indian Penal Code, 1860, for one year. Being a young man, he was not aware of the legal provisions, and therefore, he has not approached the counsel to prefer the appeal. Moreover, he is behind bar therefore, nobody is there to look after his defence, and therefore, the family members have also not approached the counsel to prefer the appeal. Therefore, he is appointed through legal aid to rkn

56APPA416.2025.odt peruse his application. There is sufficient and satisfactory reason for the condonation application.

3.

The learned APP strongly opposed for the same on the ground that there is no satisfactory or reasonable cause for condonation of delay.

4.

On hearing both sides and on perusal of the application, it reveals that the applicant was convicted, and thereafter he was sent to jail to undergo his sentence. Being he was a layman, he was not aware about the legal provisions. There was nobody to look after his defence, and therefore, he could not file the appeal, which appears to be just and reasonable cause. In view of that, I proceed to pass the following order.

a] The delay in filing the appeal is condoned.

b] The appeal be numbered.

CRIMINAL APPEAL STAMP NO. 3767 OF 2025 1.

Admit.

2.

Call for record and proceedings.

3.

The appeal be listed before this Court after preparation of paper-book. The appellant is behind bar, the office to expedite the paper-book.

[URMILA JOSHI-PHALKE, J.] rkn